Cornelius v. Browning
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Plaintiffs Ronald Browning and Susan Browning, Bubba Beck and Debbie Beck, Allen Caprara and Pam Caprara, Bobby Fayet and Cindy Fayet, David Kennamer and Brad Kennamer, Steve Russell and Melinda Russell, and Gary Strickland and Jennifer Strickland sued Jeff Cornelius, among others, alleging various claims related to investments they made in corporations in which Cornelius was allegedly a principal. The trial court entered a default judgment against Cornelius based upon his purported failure to appear for his deposition, awarding the plaintiffs a total of $975,000 in damages. Cornelius moved the trial court pursuant to Ala. R. Civ. P. Rule 60(b) to set aside the default judgment, arguing that he had not received notice that the motion for a default judgment had
been filed. After a hearing, the trial court denied Cornelius's motion to set aside the default judgment, and Cornelius appealed. Upon review, the Supreme Court concluded that the trial court's judgment was inconsistent with due process and was therefore void. Cornelius was entitled to have the default judgment set aside, and accordingly, the Court reversed the trial court and remanded the case for further proceedings.
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